S.L. 234.49 Art. 2Interpretation. Cap. 234. Cap. 499. S.L. 234.35 Cap. 226. S.L. 234.35

(1) In these regulations unless the context otherwise requires -

''the Act'' means the Merchant Shipping Act; ''accident site'' means any of the following sites associated with a marine accident:

(a) a site containing the ship or any of its wreckage;

(b) a site where there is an impact point associated with the marine accident;

(c) if the marine accident involved the destruction or serious damage to property (other than the ship) - a site containing that property or any of its wreckage, together with such area around the site as the head of marine safety investigation determines to be reasonably necessary to facilitate the safety investigation of the marine accident and securing the site; ''the Authority'' means the Authority for Transport in Malta, established by article 5 of the Authority for Transport in Malta Act; ''common methodology'' means the common methodology as referred to in Directive 2009/18/EC; ''Court'' in the case of judicial proceedings or an application for disclosure made in Malta means a court of civil or criminal jurisdiction and includes the court of survey established by article 326 of the Act; ''Directive 1995/46/EC'' means the Directive of the European Parliament and of the Council of 24 October 1995, on the

*see regulation 1(2) of these Regulations, as originally promulgated. protection of individuals with regard to the processing of personal data and on the free movement of such data, in its up to date version; ''Directive 2009/18/EC'' means the Directive of the European Parliament and of the Council of 23 April 2009, establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Directives 1999/35/EC and 2002/59/EC, in its up to date version; ''EMCIP'' means the European Maritime Casualty Information Platform which is the European Union’s central database for marine accidents and incidents, which stores information on accidents and incidents involving ships and occupational accidents; ''evidential material'' means anything that may be relevant to a marine safety investigation; ''GISIS'' means the Global Integrated Shipping Information System which is the International Maritime Organization’s central database, which stores information on, inter alia, accidents and incidents involving ships;

''head of marine safety investigation'' means the head of marine safety investigation of the Marine Safety Investigation Unit appointed by the Authority in concurrence with the Minister in accordance with regulation 5; ''high-speed passenger craft'' shall have the same meaning as assigned to it by the Merchant Shipping (Safe Operation of Regular Ro-Ro Ferry and High-Speed Passenger Craft Services) Regulations; ''IMO” means the International Maritime Organization;

“IMO Code” means the IMO Code on the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident, in its up-to-date version; ''Maltese waters'' shall have the same meaning as assigned to it in the Territorial Waters and Contiguous Zone Act; ''marine safety investigation'' means an investigation into a marine accident or incident, conducted by virtue of these regulations and in such manner and approach that it complies with the general provisions and mandatory standards of the IMO Code and the fundamental principles in Directive 2009/18/EC; ''marine safety investigation Authority'' in relation to Malta means the Marine Safety Investigation Unit established in terms of these regulations and in relation to any other State means the Authority maintained by that State responsible for the conduct of marine safety investigations in accordance with the IMO Code or Directive 2009/18/EC; ''master'' shall have the same meaning assigned to it by the Act; ''Member State'' means a member of the European Union or the European Economic Area (EEA) States; ''Minister'' shall have the same meaning as assigned to it by the Act; ''owner'' shall include any person other than the owner, who manages a ship; ''permanent cooperation framework'' means the permanent cooperation framework as referred to in Directive 2009/18/EC; ''port in Malta'' shall have the same meaning as ''port'' as assigned to it by the Authority for Transport in Malta Act; ''Registrar-General'' shall have the same meaning as assigned to it by the Act; ''ro-ro ferry'' has the same meaning as assigned to it by the Merchant Shipping (Safe Operation of Regular Ro-Ro Ferry and High-Speed Passenger Craft Services) Regulations; ''safety investigator'' means a person duly authorised by the marine safety investigation Authority to carry out marine safety investigations, and responsible to that Authority;

''serious casualty'' means a marine accident which does not qualify as a ''very serious casualty'' and which involves a fire, explosion, collision, grounding, contact, heavy weather damage, ice damage, hull cracking, or suspected hull defect, etc., resulting in:

(a) immobilization of main engines, extensive accommodation damage, severe structural damage, such as penetration of the hull under water, etc., rendering the ship in a condition, which does not correspond substantially with the applicable conventions, presenting a danger to the ship and the persons on board or an unreasonable threat of harm to the marine environment, or;

(b) pollution (regardless of quantity), and, or;

(c) a breakdown necessitating towage or shore assistance;

''ship'' shall have the same meaning as assigned to it by the Act but does not include:

(a) ships of war and troop ships and other ships owned or operated by the Government of Malta and used only on Government non-commercial service;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure yachts and pleasure crafts not engaged in trade, unless they are or will be crewed and carrying more than twelve passengers for commercial purposes;

(e) fishing vessels with a length of less than fifteen metres;

(f) fixed offshore drilling units; ''very serious casualty'' means a marine accident involving the total loss of the ship or a death or severe damage to the environment.

(2) Unless otherwise defined in these regulations or unless the context otherwise requires, words and expressions used in these regulations shall have the same meaning assigned to them in the IMO Code and Directive 2009/18/EC.